Effect of Invalid Provisions. If any of the promises, terms or conditions set forth herein are determined by a court of competent jurisdiction to be unenforceable, any Units that have not vested as described above will expire at that time and you agree to return to the Company an amount of cash equal to the Fair Market Value (as defined in the Plan) of all Shares theretofore issued to you pursuant to this Agreement, determined as of the date such Shares were issued.
Appears in 16 contracts
Samples: Stock Unit Agreement (Dell Inc), Stock Unit Agreement (Dell Inc), Performance Based Stock Unit Agreement (Dell Inc)
Effect of Invalid Provisions. If any of the promises, terms or conditions set forth herein are determined by a court of competent jurisdiction to be unenforceable, any Units that have not vested as described above will expire at that time and you agree to return to the Company an amount of cash equal to the Fair Market Value (as defined in the Plan) of all Shares theretofore issued to you pursuant to this Agreement, determined as of the date such Shares were issued.
Appears in 8 contracts
Samples: Performance Based Restricted Stock Unit Agreement (Dell Technologies Inc.), Restricted Stock Unit Agreement (Dell Technologies Inc.), Performance Based Restricted Stock Unit Agreement (Dell Technologies Inc.)
Effect of Invalid Provisions. If any of the promises, terms or conditions set forth herein are determined by a court of competent jurisdiction to be unenforceable, any Units that have not vested as described above will expire at that time and you agree to return to the Company an amount of cash equal to the Fair Market Value (as defined in the Plan) of all Shares theretofore issued to you pursuant to this AgreementAgreement and the cash value of all Dividend Equivalents associated with such Shares, determined as of the date such Shares were issued.
Appears in 4 contracts
Samples: Stock Unit Agreement (Dell Inc), Stock Unit Agreement (Dell Inc), Stock Unit Agreement (Dell Inc)
Effect of Invalid Provisions. If any of the promises, terms or conditions set forth herein are determined by a court of competent jurisdiction to be unenforceable, any Stock Units that have not vested as described above will expire at that time and you agree to return to the Company an amount of cash equal to the Fair Market Value (as defined in the Plan) of all Shares theretofore issued to you pursuant to this Agreement, determined as of the date such Shares were issued.
Appears in 2 contracts
Samples: Stock Unit Agreement (Team Inc), Performance Based Stock Unit Agreement (Team Inc)
Effect of Invalid Provisions. If any of the promises, terms or conditions set forth herein are determined by a court of competent jurisdiction to be unenforceable, any Units that have not vested as described above will expire at that time and you agree to return to the Company an amount of cash equal to the Fair Market Returnable Value (as defined in the Plan) of all Shares payments theretofore issued made to you pursuant to this Agreement, determined as of the date such Shares were issued.
Appears in 1 contract
Samples: Deferred Cash Replacement Agreement